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1. John Bent s274 Notice 2 June 2020 Redacted [pdf, 81 KB]

   ...proceedings. D. I, proforma, oppose applications as set out in my submission for the reason given in my submission and as may be amended following. REASONS 1. The lack of complete consideration of adverse effects arising from incr·eased runoff and environmental contaminates from sealed, semisealed surfaces and unsealed surfaces. f For all reasons given in opposition in other submissions. To better give effect to the purposes of the RMA. I do not oppose the overall intent of...

2. [2022] NZEnvC 205 Mokaraka v Auckland Council [pdf, 167 KB]

   ...report from the Council. Joint memorandum of parties dated 6 October 2022 By joint memorandum dated 6 October 2022, the parties advised that they have had positive discussions surrounding the abatement notice, the work at the property and the environmental effects on the notable tree. The Council will provide Ms Mokaraka with advice from a Council Arborist as to any immediate and long-term effects of the veranda, building and deck to the notable tree. Ms Mokaraka has in turn co...

3. 2023-05-22-Form-33-John-Bent.pdf [pdf, 30 KB]

   ...I, pro forma, oppose applications as set out in my submission for the reason given in my submission and as may be amended following. REASONS 1. The lack of complete consideration of adverse effects arising from increased runoff and environmental contaminates from sealed, semisealed surfaces and unsealed surfaces. 2. To better give effect to the purposes of the RMA. 3. I do not oppose the overall intent of the proposal. 4. The nature of this project gives...

4. Consistency with the New Zealand Bill of Rights Act 1990: Wildlife (Authorisations) Amendment Bill [pdf, 128 KB]

   ...under s 71 of the principal Act, rather than authorisation under s 53. 6. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Edrick Child Chief Legal Counsel 1 Environmental Law Initiative v The Director-General of the Department of Conservation [2025] NZHC 391.

5. Deborah Freeman - Evidence in Chief [pdf, 3.1 MB]

   ...and the assessment of the Bioresearches report on Benthic Sediment Quality (which I wrote together with my colleague Dr Shane Geange) (10 June 2014);1 18.5 Park's 2014 review of the ecology and water quality components of the assessment of environmental effects (Park 2014a,b); 18.6 the Cawthron Institute's report on ecological surveys, and accompanying video imagery, undertaken on Astrolabe Reef in February 2015 (Barter & Dunmore 2015); 18.7 the report from the Caw...

6. Environment Court annual report 2006 [pdf, 219 KB]

   ...2. ADMINISTRATION OF THE ENVIRONMENT COURT 2.1 The Court�s Jurisdiction The Environment Court is established by section 247 of the Resource Management Act 1991 (the Act), as a Court of Record. It is a specialist Court that has jurisdiction over environmental and resource management matters. It can be characterised as follows: � a Judge usually presides at sittings to hear and determine proceedings; � it is required by law to act judicially; � it hears contesting parties to the pr...

7. ENVC speech Alternative Dispute Resolution 2011 [pdf, 188 KB]

   ...already been made at these processes. It may be important for the case-managing judge to be alert to this sort of issue. [28] While mentioning the thinking of Judge Rackemann, it is interesting to read a recent article by him in the National Environmental Law Review, 1 the official journal of the National Environmental Law Association of Australia. I will leave those interested to read the article, but simply note here that Judge Rackemann offers an interesting critique of the...

8. ENVC Matiatia party corresp costs Lewis and Greve 20160121 [pdf, 241 KB]

   ...primary factor relevant to the exercise of the discretion to award costs. The Court observed (at [30]) that in proceedings where a right of appeal is limited to points of law “it was imperative that the application, together with the assessment of environmental effects and the evidence to be called in support, was thoroughly prepared.” The Court outlined some differences in the scope and conduct of a first instance hearing compared with an appeal, concluding that “the differen...

9. [2020] NZEnvC 188 NZ Fairy Tern Charitable Trust v Auckland Council [pdf, 503 KB]

   ...there appears to have been a significant expenditure of money upstream of the dam on inanga spawning areas when the dam continued to bar such spawning. [21] Overall, I conclude this is a salutary lesson in the need for parties to focus on the environmental outcomes necessary rather than on litigation and blame. I strongly recommend that the Council consider trying to form some sort of multi interest approach to the issues at Te Arai, particularly as they relate to the fairy tern....

10. [2017] NZEnvC 082 PowerCo Limited v Thames-Coromandel District Council [pdf, 933 KB]

    ...natural character areas or outstanding natural features and landscapes, unless; .ill The infrastructure is subiect to a significant technical or operational constraint and the adverse effects are outweighed bv the overall economic, social and/or environmental benefits; and 121 The route/site selection process had identified no feasible alternative. Objective 2 Policv 2b: Subdivision, use and development shall be designed and located to avoid activities and vegetation close to network...